HomeMy WebLinkAbout01221992 City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 22, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Chet Tokar, Sebastian Christian
Church
4. ROLL CALL
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution NO. R-89-59).
6. PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution NO. R-88-32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council·
1
91.043
ORDINANCE NO: 0-91-31 - Charter Amendmment -
Election Issues
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; AMENDING SECTION 4.06
OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS
AND POLLING PLACES; PROVIDING THAT ELECTION PRECINCTS
AND POLLING PLACES SHALL BE ESTABLISHED BY THE
SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE CITY COUNCIL TO ESTABLISH
ELECTION PRECINCTS AND POLLING PLACES IN THE EVENT
THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY
FAILS TO PERFORM SUCH DUTIES; AMENDING SECTION 4.07
OF THE CITY CHARTER PERTAINING TO THE ADOPTION OF
NECESSARY ARRANGEMENTS FOR HOLDING ALL CITY
ELECTIONS; PROVIDING THAT THE CITY COUNCIL SHALL MAKE
ALL THE NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN
CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTION;
AMENDING SECTION 4.08 OF THE CITY CHARTER PERTAINING
TO THE CANVASSING OF ELECTION RETURNS; AUTHORIZING
THE CITY CLERK TO APPOINT A CITY ELECTION CANVASSING
BOARD IN THE EVENT THE SUPERVISOR OF ELECTIONS FOR
INDIAN RIVER COUNTY, FLORIDA, FAILS TO APPOINT SUCH A
BOARD; PROVIDING PROCEDURES FOR CONVENING THE CITY
CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD;
PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL
FOR THE PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED CITY
OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER
PERTAINING TO BALLOTS; PROVIDING THAT BALLOTS SHALL
CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY THE
GENERAL ELECTION LAW OF THE STATE OF FLORIDA;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL
BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO
PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF
THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 12/18/91, Advertised 12/24/91 lin Error],
1/8/92 Public Hearing cancelled, 1st Reading 1/8/92,
Advertised 1/10/92, Public Hearing and Adoption
1/22/92)
2
92.011
92.012
92.013
92.014
92.015
92.016
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation - Calling March 10, 1992 Election
(City Clerk Accepting)
Proclamation - American History Month (Betty Bock
Accepting)
PUBLIC INPUT ON AGENDA iTEMS
CONSENT AGENDA - All items on the consent agenda are
considered to be routine and will be enacted by one
motion. There will be no separate discussion of
consent agenda items unless a member of City Council
so requests; in which event, the item will be removed
and acted upon separately.
A. Approval of Minutes - 1/8/92 Regular Meeting
Receive Code Enforcement Order 91-5643 (Bagby &
Vereen)
Sebastian River Shrine Club - Request Use of
Community Center - A/B - 12/11/92 - 6 p.m. to 10
p.m. - Christmas Party - Permittee John Zaricky -
DOB 1/7/22 - Security Deposit on Hold
(Application)
RESOLUTION NO. R-92-04 - Abandonment of Easement
(City Engineer Memo dated 1/2/92, R-92-04,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
SOUTHWEST 5 FEET OF THE NORTHEAST 20 FEET OF THE
PUBLIC UTILITY AND DRAINAGE EASEMENT APPROXIMATELY 92
FEET LONG FROM SIDE LOT EASEMENT TO SIDE LOT EASEMENT
OF LOT 72, BLOCK 299, UNIT 11, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBi 7/56J,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AND EFFECTIVE DATE.
Waive Bidding Procedure - Golf Course - Purchase
22 Tons - 16-4-8 Fertilizer w/IBDU - Vigoro
Industries of Ft. Pierce - $6,512 (Staff
Recommendation dated 1/8/92, GC Manager
Superintendent Memo dated 1/6/92)
3
92.017
92.018
92.019
91.035/
92.020
10.
11.
92.007
12.
88.177/
92.021
Waive Bidding Procedure - Authorize Purchase of
AT & T Merlin Legend Telephone Systems and
Features for Police Station - $18,763.07 (Staff
Recommendation dated 1/13/92, AT & T Proposal &
Equipment Agreement)
Staff Seating at City Council Meetings - Move
City Clerk and Deputy City Clerk to Table on Dais
(City Manager Recommendation dated 1/14/92,
Page 7 - 4/25/90 Council Minutes)
Waive Bid Procedure - Approve Contract for
Airport Fuel Storage Tank Removal and Replacement
- Glasgow Equipment Service, Inc. - $35,554 -
Direct Staff to Increase J & S Aviation, Inc.
Monthly Rent Per Terms of Lease Addendum (Staff
Recommendation dated 1/15/92, Quote, Contract and
Contract Addendum)
Teens Against Boredom - Request Six Month Time
Extension to Utilize Old Library Building and
Share with Senior Citizens (Staff Recommendation
dated 1/15/92, Brandt Letter dated 1/14/92)
PRESENTATIONS
MAYOR'S MATTERS
Request March 10, 1992 Straw Ballot for Water &
Sewer and Cable TV Issues (No Backup)
COUNCIL MATTERS
A. Vice Mayor Oberbeck
B. Councilman Holyk
RESOLUTION NO. R-92-07 - Repeal Resolution
No. R-88-77 - Keith & Schnars Study (City
Manager Recommendation dated 1/15/92,
R-92-07, R-88-77)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA REPEALING RESOLUTION NO. R-
88-77 WHICH CONCURRED WITH A TRAFFIC STUDY
CONDUCTED BY KEiTH AND SCHNARS, PA; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
4
C. Councilman Powell
13.
14.
15.
92.022
92.023
16.
91.181
91.329
92.O24/
90.285
17.
92.011
D. Councilman Reid
CITY ATTORNEY MATTERS
CITY MANAGER MATTERS
COMMITTEE REPORTS/RECOMMENDATIONS
A. POLICE RETIREMENT BOARD OF TRUSTEES
Appoint Greg Gore and Larry Napier - Terms to
Expire 10/11/93 (City Manager Recommendation
dated 1/15/92, Gore Letter dated 1/10/92)
Confirm Appointments of Sgt. Gene Ewert and
Cpt. David Puscher as Members (See Backup
Above)
OLD BUSINESS
Approve National Small Business Tree Planting
Program Grant Agreement (Staff Recommendation
dated 1/9/92, DACS Letter dated 12/27/91, Grant
Agreement, City Manager Letter dated 11/5/91)
Feasibility Study Re: Point-O-Woods Subdivision
Disincorporation (Staff Recommendation dated
1/15/92, O-81-15A)
Sebastian Lakes Agreement Re: Laconia Street
Improvements (Staff Recommendation dated 1/16/92,
Davis Letter dated 12/13/91, Draft Agreement)
NEW BUSINESS
RESOLUTION NO. R-92-03 - Calling 3/10/92 General
Election (City Clerk Recommendation dated 1/7/92,
R-92-03)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING
PLACES FOR A GENERAL ELECTION FOR THE PURPOSE OF
ELECTING ONE (1) MAYOR AND ONE (1) CITY COUNCILMAN
FOR TERMS OF TWO (2) YEARS, FOR THE PURPOSE OF
PLACING CERTAIN REFERENDUM QUESTIONS ON THE BALLOT
INCLUDING A NON-BINDING (STRAW BALLOT) REFERENDUM;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
91.338
ORDINANCE NO. 0-92-01 - Childcare Facility
Outside Recreation Area Size Requirement (Staff
Recommendation dated 1/2/92, 0-91-21)
1ST READING - SET PUBLIC HEARINGS FOR 2/12/92 AND
2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING
TO CONDITIONAL USE CRITERIA FOR CHILD CARE
FACILITIES; AMENDING SECTION 20A-6.1.C.3.b.(6) OF THE
LAND DEVELOPMENT CODE PERTAINING TO THE MINIMUM
FENCED AREA THAT MUST BE AVAILABLE FOR USEABLE
OUTDOOR RECREATION PURPOSES AT A CHILD CARE FACILITY;
PROVDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
92.027
ORDINANCE NO. 0-92-02 - New Year's Day -
Alcoholic Beverage - Hours of Sale - (City Clerk
Recommendation dated 1/6/92)
1ST READING, SET PUBLIC HEARING 2/12/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES;
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND THE
HOURS OF SALE OF ALCOHOLIC BEVERAGES PERMITTED NEW
YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES HEREWITH; PROVDING FOR INCLUSION
IN THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
18.
INTRODUCTION OF BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By Resolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
92.028 A.
Bettina Boudrot, 1302 Indian River Drive -
Request Exchange of Property with City of
Sebastian (Boudrot Letter dated 1/8/92, Survey)
19. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (286.0105 F.S.)
7
JANUARY 22, 1992 REGULAR MEETING
PUBLIC INPUT ON AGENDA ITEMS
SIGNUP SHEET
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
NAME: t .
SUB3~CT~ ~ '>
NAME:
ADDRESS:
SUBJECT:
NAME:
ADDRESS:
SUBJECT:
1
City of Sebastian
POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
SEBASTIAN CITY COUNCIL
REGULAR MEETING
WEDNESDAY, JANUARY 22, 1992 - 7:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS
BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK,
CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA.
Mayor Conyers called the meeting to order at 7:00
p.m.
2. The Pledge of Allegiance was recited.
3. Invocation was given by Reverend Chef Tokar,
Sebastian Christian Church.
4. ROLL CALL
Present:
Also Present:
Mayor W.E. Conyers
Councilman Peter Holyk
Vice Mayor Frank Oberbeck
Councilman Lonnie Powell
Councilman George Reid
City Manager, Robert McClary
City Attorney, Charles Nash
Director of Community Development,
Bruce Cooper
Finance Director, Mike Hudkins
Assistant Finance Director, Larry
Napier
City Planner, Catherine Hilton
City Clerk, Kathryn O'Halloran
Deputy City Clerk, Sally Maio
Regular City Council Meeting
January 22, 1992
Page Two
AGENDA MODIFICATIONS (ADDITIONS AND/OR DELETIONS) -
Items not on the written agenda may be added only
upon unanimous consent of the Council members present
(Resolution No. R-89-59).
The City Manager said he had been requested by Earl
Masteller to defer item 91.329 - Point-O-Woods
Disincorporation - for further study by the property
owners.
MOTION by Reid/Oberbeck
I move that we defer that, at the request of Mr.
Earl Masteller, until February 12th, the item being
under Old Business - Item B.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
PUBLIC HEARING, FINAL ACTION
The normal order of business for public hearings
(Resolution No. R-88~32) is as follows:
* Mayor Opens Hearing
* Attorney Reads Ordinance Or Resolution
* Staff Presentation
* Public Input
* Staff Summation
* Mayor Closes Hearing
* Council Action
Please Note: Anyone wishing to speak is asked to go
to the podium and state his/her name and address for
the record prior to addressing the Council.
Regular City Council Meeting
January 22, 1992
Page Three
91.043 A.
ORDINANCE NO: 0-91-31 - Charter Amendmment -
Election Issues
PUBLIC HEARING AND ADOPTION
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, SCHEDULING AN ELECTION TO SUBMIT A
REFERENDUM ISSUE TO THE ELECTORATE IN ORDER TO AMEND
PORTIONS OF THE CITY CHARTER; AMENDING SECTION 4.06
OF THE CITY CHARTER PERTAINING TO ELECTION PRECINCTS
AND POLLING PLACES; PROVIDING THAT ELECTION PRECINCTS
AND POLLING PLACES SHALL BE ESTABLISHED BY THE
SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY,
FLORIDA; AUTHORIZING THE CITY COUNCIL TO ESTABLISH
ELECTION PRECINCTS AND POLLING PLACES IN THE EVENT
THE SUPERVISOR OF ELECTIONS FOR INDIAN RIVER COUNTY
FAILS TO PERFORM SUCH DUTIES; AMENDING SECTION 4.07
OF THE CITY CHARTER PERTAINING TO THE ADOPTION OF
NECESSARY ARRANGEMENTS FOR HOLDING ALL CITY
ELECTIONS; PROVIDING THAT THE CITY COUNCIL SHALL MAKE
ALL THE NECESSARY ARRANGEMENTS FOR CITY ELECTIONS IN
CONJUNCTION WITH THE CITY CLERK THROUGH RESOLUTION;
AMENDING SECTION 4.08 OF THE CITY CHARTER PERTAINING
TO THE CANVASSING OF ELECTION RETURNS; AUTHORIZING
THE CITY CLERK TO APPOINT A CITY ELECTION CANVASSING
BOARD IN THE EVENT THE SUPERVISOR OF ELECTIONS FOR
INDIAN RIVER COUNTY, FLORIDA, FAILS TO APPOINT SUCH A
BOARD; PROVIDING PROCEDURES FOR CONVENING THE CITY
CANVASSING BOARD AND RECORDING RESULTS OF THE BOARD;
PROVIDING FOR A SPECIAL MEETING OF THE CITY COUNCIL
FOR THE PURPOSES OF RECEIVING RESULTS OF THE CITY
CANVASSING BOARD, DECLARING ELECTION RESULTS AND
ADMINISTERING OATHS OF OFFICE TO NEWLY ELECTED CITY
OFFICIALS; AMENDING SECTION 4.09 OF THE CITY CHARTER
PERTAINING TO BALLOTS; PROVIDING THAT BALLOTS SHALL
CONFORM TO THE FORM OF BALLOTS PRESCRIBED BY THE
GENERAL ELECTION LAW OF THE STATE OF FLORIDA;
PROVIDING FOR THE MANNER IN WHICH SUCH ELECTION SHALL
BE CONDUCTED; PROVIDING THE TIME AND PLACES FOR
HOLDING SUCH ELECTION; ESTABLISHING THE FORM OF THE
BALLOT FOR SUCH ELECTION; DIRECTING THE CITY CLERK TO
PROVIDE THE SUPERVISOR OF ELECTIONS WITH A COPY OF
THE ORDINANCE; PROVIDING FOR PUBLIC NOTICE OF SUCH
ELECTION; PROVIDING FOR AN EFFECTIVE DATE. (lst
Reading 12/18/91, Advertised 12/24/91 [In Error],
1/8/92 Public Hearing cancelled, 1st Reading 1/8/92,
Advertised 1/10/92, Public Hearing and Adoption
1/22/92)
3
Regular City Council Meeting
January 22, 1992
Page Four
92.011
92.012
The City Attorney read Ordinance No. O-91-31 by title
only.
Mayor Conyers opened the public hearing at 7:04 p.m.,
and being no input, closed it immediately.
MOTION by Holyk/Oberbeck
I move that we accept the public hearing and
adopt Ordinance NO. 0-91-31 Charter amendment -
election issues.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
7. PROCLAMATIONS AND/OR ANNOUNCEMENTS
Proclamation - Calling March 10, 1992 Election
(City Clerk A~cepting)
Mayor Conyers read and presented the proclamation to
Betty Bock, Daughters of the American Revolution.
Proclamation L American History Month (Betty Bock
Accepting)
Mayor Conyers read and presented the proclamation to
City Clerk, Kathryn O'Halloran.
8. PUBLIC INPUT ON AGENDA ITEMS
George Metcalf requested to speak during item 92.021.
Edra Young requested to speak on new items under
"Introduction of Business from the Public".
A1Vilardi, objected to proposed Ordinance No.
O-92-01 relative to childcare facilities.
Regular City Council Meeting
January 22, 1992
Page Five
92.013
92.014
92.015
92.016
92.017
CONSENT AGENDA - Ail items on the consent agenda are
considered to be routine and will be enacted by one
motion. There will be no separate discussion of
consent agenda items unless a member of City Council
so requests; in which event, the item will be removed
and acted upon separately.
A. Approval of Minutes - 1/8/92 Regular Meeting
Receive Code Enforcement Order 91-5643 (Bagby &
Vereen)
Sebastian River Shrine Club - Request Use of
Community Center - A/B - 12/11/92 - 6 p.m. to 10
p.m. - Christmas Party - Permittee John Zaricky -
DOB 1/7/22 - Security Deposit on Hold
(Application)
RESOLUTION NO. R-92-04 - Abandonment of Easement
(City Engineer Memo dated 1/2/92, R-92-04,
Application, Survey)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, VACATING, ABOLISHING,
ABANDONING AND DISCONTINUING THE EASEMENT OF THE
SOUTHWEST 5 FEET OF THE NORTHEAST 20 FEET OF THE
PUBLIC UTILITY AND DRAINAGE EASEMENT APPROXIMATELY 92
FEET LONG FROM SIDE LOT EASEMENT TO SIDE LOT EASEMENT
OF LOT 72, BLOCK 299, UNIT 11, SEBASTIAN HIGHLANDS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PBI 7/56J,
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
RECORDING; AND PROVIDING AND EFFECTIVE DATE.
Waive Bidding Procedure - Golf Course - Purchase
22 Tons - 16-4-8 Fertilizer w/IBDU - Vigoro
Industries of Ft. Pierce - $6,512 (Staff
Recommendation dated 1/8/92, GC Manager
Superintendent Memo dated 1/6/92)
Waive Bidding Procedure - Authorize Purchase of
AT & T Merlin Legend Telephone Systems and
Features for Police Station - $18,763.07 (Staff
Recommendation dated 1/13/92, AT & T Proposal &
Equipment Agreement)
5
Regular City Council Meeting
January 22, 1992
Page Six
92.018 G.
92.019 H.
91.035/ I.
92.020
Staff SeatinG at City Council Meetings - Move
City Clerk and Deputy City Clerk to Table on Dais
(City Manager Recommendation dated 1/14/92,
Page 7 - 4/25/90 Council Minutes)
Waive Bid Procedure - Approve Contract for
Airport Fuel Storage Tank Removal and Replacement
- Glasgow Equipment Service, Inc. - $35,554 -
Direct Staff to increase J & S Aviation, Inc.
Monthly Rent Per Terms of Lease Addendum (Staff
Recommendation dated 1/15/92, Quote, Contract and
Contract Addendum)
Teens AGainst Boredom - Request Six Month Time
Extension to Utilize Old Library Building and
Share with Senior Citizens (Staff Recommendation
dated 1/15/92, Brandt Letter dated 1/14/92)
Vice Mayor Oberbeck removed item F and H; Councilman
Holyk removed item I.
MOTION by Oberbeck/Powell
I move we approve item A, B, C, D, E and G of the
consent agenda.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Item F
In response to Vice Mayor Oberbeck, the City Manager
said the phone system will be charged to the Police
Facility construction line item.
MOTION by Oberbeck/Holyk
I move to approve item F of the consent agenda.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
6
Regular City Council Meeting
January 22, 1992
Page Seven
Item H
Vice Mayor Oberbeck expressed concern relative to
spending money to replace fuel tanks at
J & S Aviation now if the airport study will
recommend activating runway 9-27 in the future. The
City Manager responded that he believed it would be
five to seven years before any changes are made to
the airport if the study proposes use of that runway
and that the city is required to meet its obligations
to the lessee.
MOTION by Oberbeck/Reid
I move to approve item H of the consent agenda.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Item
In response to Councilman Holyk, the Director of
Community Development said approval of this item
includes those items addressed in the staff
recommendation, i.e., basketball shooting court and
volleyball court. It was noted that any alterations
must be permitted and approved by city staff.
MOTION by Holyk/Oberbeck
I move that we approve item I Teens Against
Boredom request for a six month time extension to
utilize the old library building and share with
senior citizens and associated other requests as in
line with the recommendations of staff.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Regular City Council Meeting
January 22, 1992
Page Eight
10. PRESENTATIONS
None.
11. MAYOR'S MATTERS
Mayor Conyers stated that John Malek had volunteered
to be Fourth of July chairman; commended SuperAmerica
for its $2000 donation to TAB; and inquired whether
Tom Collins' letters relative to water and sewer had
been answered.
Councilman Powell was excused from 7:38 p.m. to 7:40
p.m.
TAPE I - SIDE
92.007
Request March 10, 1992 Straw Ballot for Water
Sewer and Cable TV Issues (No Backup)
Mayor Conyers read and commented on the City
Manager's response to his questions on water and
sewer; pleaded with fellow Council to stop revisiting
issues approved by previous Councils; and spoke to
Cable TV issues.
12. COUNCIL MATTERS
A. Vice Mayor Oberbeck
Vice Mayor Oberbeck requested placement on this
agenda a request by TAB to use Riverview Park on
February 29, 1992 for a benefit for Brian Curbow.
MOTION by Powell/Reid
I so move.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
MOTION by Powell/Oberbeck
I move that TAB be granted to use Riverview Park
on February 29, 1992 to hold a fundraiser.
8
ReGular City Council MeetinG
January 22, 1992
PaGe Nine
Vice Mayor Oberbeck urged public support.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
Vice Mayor Oberbeck inquired as to placement of poles
adjacent to Belfast Terrace by FPL and requested
staff to contact them; noted that SuperAmerica has
hired 14 local people; and supported the city's
pursuit of its own water and sewer system.
B. Councilman Holyk
Councilman Holyk read from excerpts of Roberts Rules
of Order and said Council should aspire to conduct
its meetings in accordance with proper parliamentary
procedure to reach a point of decorum.
Vice Mayor Oberbeck was excused from 8:01 p.m. to
8:03 p.m.
88.177/
92.021
RESOLUTION NO. R-92-07 - Repeal Resolution
No. R-88-77 - Keith & Schnars Study (City
ManaGer Recommendation dated 1/15/92,
R-92-07, R-88-77)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA REPEALING RESOLUTION NO. R-
88-77 WHICH CONCURRED WITH A TRAFFIC STUDY
CONDUCTED BY KEITH AND SCHNARS, PA; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
The City Attorney read Resolution No. R-92-07 by
title only.
Councilman Holyk said this resolution is presented to
end the conception that Resolution No. R-88-77 iS an
endorsement of the twin pairs and requested that
the resolution be expunged, in accordance with
parliamentary law, as if it never existed.
Regular City Council Meeting
January 22, 1992
Page Ten
MOTION by Holyk/Oberbeck
I move to rescind and expunge Resolution No.
R-88-77 regarding %he Keith and Schnars study.
Motion and second were withdrawn at the advice of the
City Attorney who said that state public records law
does not permit permanent records to be expunged nor
marked through.
MOTION by Holyk/Oberbeck
I move that we repeal or rescind Resolution No.
R-88-?? and direct the City Clerk to attach a memo to
the file stating that the assembly has repealed that
resolution and moving for the passage of R-92-07 at
the same time.
George Metcalf, 425 Pine Street, Sebastian, opposed
Resolution No. R-92-07 since he said it implies that
this Council is more expert than county planning
personnel and previous Council. He said the twin
pairs alignment had been agreed upon.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
nay
aye
nay
aye
MOTION CARRIED 3-2 (Powell - Conyers - nay)
Mayor Conyers called recess at 8:38 p.m. and
reconvened the meeting at 8:49 p.m. Ail members
were present.
C. Councilman Powell
Councilman Powell inquired as to status of handicap
access ramps at the intersection of Main Street and
U.S. 1.
Vice Mayor Oberbeck suggested installing a sidewalk
from the north to south line of Riverview Park
ad3acent to U.S. 1 with handicap access and
connection to sidewalks within the park.
TAPE II - SIDE
10
Regular City Council Meeting
January 22, 1992
Page Eleven
Councilman Powell complimented staff on Barber Street
Sports Complex and suggested installation of a
shuffleboard court in the future; expressed dismay at
the cost of the proposed county courthouse; advised
the public that Council has no authority to hire or
fire most personnel and recommended that people with
cable problems contact all Council members.
D. Councilman Reid
Councilman Reid enumerated the many completed and on-
going city pro3ects undertaken in recent years,
commended staff and City Council and said Sebastian
is on its way.
13. CITY ATTORNEY MATTERS
The City Attorney advised the two incumbents running
for election that they must comply with the Sunshine
Law relative to political functions.
14. CITY MANAGER MATTERS
None.
15. COMMITTEE REPORTS/RECOMMENDATIONS
A. POLICE RETIREMENT BOARD OF TRUSTEES
92.022
92.023
Appoint Greg Gore and Larry Napier_- Terms t__~o
Expire 10/11/93 (City Manager Recommendation
dated 1/15/92, Gore Letter dated 1/10/92)
Confirm Appointments of Sgt. Gene Ewert and
Cpt. David Puscher as Members (See Backup
Above)
MOTION by Oberbeck/Holyk
I move that we appoint Greg Gore and Larry Napier
to the Police Officers' Retirement Board of Trustees
for a term to expire October 13, 1993 and confirm the
appointment of Captain David Puscher and Sergeant
Gene Ewert as members of the Board of Trustees.
The City Attorney advised that this board is not
governed by the city's board resolution but by
Chapter 185 FS.
11
Regular City Council Meeting
January 22, 1992
Page Twelve
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
16. OLD BUSINESS
91.181
Approve National Small Business Tree Planting
Program Grant Agreement (Staff Recommendation
dated 1/9/92, DACS Letter dated 12/27/91, Grant
Agreement, Cit~ Manager Letter dated 11/5/91)
MOTION by Holyk/Powell
I move we approve the National Small Business
Tree Planting Program Grant agreement.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
MOTION CARRIED 5-0.
aye
aye
aye
aye
aye
91.329
Feasibility Study Re: Point-O-Woods Subdivision
Disincorporation (Staff Recommendation dated
1/15/92, 0-81-15A)
92.024/
90.285
This item previously deferred to 2/12/92.
Sebastian Lakes Agreement Re: Laconia Street
Improvements (Staff Recommendation dated 1/16/92,
Davis Letter dated 12/13/91, Draft Agreement)
The Director of Community Development presented four
alternative proposals as addressed during
negotiations with Sebastian Lakes and said staff
recommends that Sebastian Lakes representatives be
given fifteen days to concur with proposal one or
three sub3ect to Indian River County~approval or the
conceptual plan be terminated and the property
rezoned.
12
Regular City Council Meeting
January 22, 1992
Page Thirteen
MOTION by Oberbeck/Holyk
I move to the effect that, the statements you
made, to allow them fifteen days to accept proDosal
one or three fOr Roseland Road and Laconia Street
improvements * "or an acceptable alternative" - and
have the cooperation of the County Engineering
Department.
(* Added subsequent to discussion on this matter and
just prior to roll call)
Harvey Ziegler, Pro3ect Manager, Sebastian Lakes,
addressed City Council. He said that he was willing
to continue to negotiate to reach a mutually
acceptable agreement.
A lengthy discussion of prior approvals and
alternatives ensued.
TAPE II - SIDE II
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
17. NEW BUSINESS
92.011
RESOLUTION NO. R-92-03 - Calling 3/10/92 General
Election (City Clerk Recommendation dated 1/7/92,
R-92-03)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA DESIGNATING THE OFFICIAL POLLING
PLACES FOR A GENERAL ELECTION FOR THE PURPOSE OF
ELECTING ONE (1) MAYOR AND ONE (1) CITY COUNCILMAN
FOR TERMS OF TWO (2) YEARS, FOR THE PURPOSE OF
PLACING CERTAIN REFERENDUM QUESTIONS ON THE BALLOT
INCLUDING A NON-BINDING (STRAW BALLOT) REFERENDUM;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
The City Attorney read Resolution No. R-92-03 by
title only.
13
Regular City Council Meeting
January 22, 1992
Page Fourteen
MOTION by Oberbeck/Holyk
I move we adopt Resolution No. R-92-03.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
92.011
City Clerk Request for Approval of Several Items
Re: 3/10/92 General Election (City Clerk
Recommendation dated 1/7/92)
MOTION by Holyk/Powell
I move that we approve the request of the City
Clerk for approval of the items as outlined in
the recommended actions.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
91.070/
92.025
Preservation of Option of City for Non-Ad Valorem
Assessment to Fund Stormwater Drainage Project -
Authorize Advertisement of Notice of Intent
Resolution No. R-92-06 for Public Hearin9 on
2/26/92 (Staff Recommendation dated 1/16/92,
Attorneys Letter dated 12/18/91 and 1/3/92,
Notice, Proposed Resolution, Hudkins Memo dated
1/9/92 and Letter dated 1/8/92, Consent Form)
Claudine Silvio, 641 Crystal Mist, Sebastian,
ob3ected to the proposed assessment and spending
further money for studies.
The City Attorney noted that City Council is not
takin9 any action tonight other than scheduling a
public hearing.
Vice Mayor Oberbeck questioned how new development
in the commercial area which is required to include
on-site retention will be affected if this becomes a
city-wide assessment. The City Attorney said those
14
Regular City Council Meeting
January 22, 1992
Page Fifteen
issues need to be taken into account when setting up
the assessment.
MOTION by Holyk/Oberbeck
I move to preserve the option of the City of
Sebastian for non-ad valorem assessment to fund
stormwater drainage project and authorize
advertisement of notice of intent.
ROLL CALL:
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
The City Manager advised that negotiations with top
ranked stormwater utility study consultants were not
going well. He said he plans to present a report
at the Council workshop meeting.
92.026
Appropriate $21,721 from Unencumbered General
Fund Balance - Approve Payment to Police
Officers' Retirement Fund for FY 90/91
Requirements (Staff Recommendation dated 1/16/92)
The City Manager advised that since the agenda packet
was distributed the appropriation required had
decreased by $10,000.
The City Manager and the Assistant Finance Director
explained the reasons for the shortfall and advised
that there will be a shortfall for the next fiscal
year.
MOTION by Oberbeck/Holyk
I move that we appropriate $11,721 from the
unencumbered general fund balance and approve payment
of same to the Police Officers' Retirement Fund for
fiscal year ending September 30, 1991.
ROLL CALL:
Councilman Reid
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
15
Regular City Council Meeting
January 22, 1992
Page Sixteen
92.010 E.
ORDINANCE NO. O-91-21 - Airport Zoning
Regulations (Staff Recommendation dated 1/16/92,
0-91-21
1ST READING - SET PUBLIC HEARINGS FOR 2/12/92 AND
2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE V, SECTION 20A-5.15
OF THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN, RELATING TO AIRPORT HAZARDS AND USES OF
LAND IN AIRPORT VICINITIES; PROVIDING REGULATIONS
RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF
NATURAL GROWTH IN AND AROUND THE SEBASTIAN MUNICIPAL
AIRPORT; PROVIDING FOR REGULATIONS RESTRICTING
AIRPORT LAND USE; PROHIBITING RESIDENTIAL
CONSTRUCTION WITHIN NOISE IMPACTED AREAS IN PROXIMITY
OF THE AIRPORT; PROVIDING PROCEDURES FOR GRANTING
VARIANCES; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT CODE OF THE
CITY OF SEBASTIAN; PROViDiNG FOR SEVERABILiTY; AND
PROVIDING FOR AN EFFECTIVE DATE. (Review 1/8/92)
Councilman Powell was excused from 9:48 p.m. to 9:50
p.m.
The City Attorney read Ordinance No. 0-91-21 by title
only.
MOTION by Oberbeck/Holyk
I move to approve the first reading of Ordinance
No. 0-91-21 and set the first public hearing for
February 12, 1992 and the second public hearing for
February 26, 1992.
Councilman Holyk inquired whether there are
discrepancies in Section 4. C.3. The City Attorney
noted a typo in that section and responded that the
intent of the second provision is to allow an
exception to construction prohibition in that zone if
the property owner provides a perpetual avigation
easement which will run with the land.
16
Regular City Council Meeting
January 22, 1992
Page Seventeen
91.338
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
ORDINANCE NO. 0-92-01 - Childcare Facility
Outside Recreation Area Size Requirement (Staff
Recommendation dated 1/2/92, O-91-21)
1ST READING - SET PUBLIC HEARINGS FOR 2/12/92 AND
2/26/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AMENDING ARTICLE VI OF THE LAND
DEVELOPMENT CODE OF THE CITY OF SEBASTIAN PERTAINING
TO CONDITIONAL USE CRITERIA FOR CHILD CARE
FACILITIES; AMENDING SECTION 20A-6.1.C.3.b.(6) OF THE
LAND DEVELOPMENT CODE PERTAINING TO THE MINIMUM
FENCED AREA THAT MUST BE AVAILABLE FOR USEABLE
OUTDOOR RECREATION PURPOSES AT A CHILD CARE FACILITY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE LAND DEVELOPMENT CODE OF THE CITY OF
SEBASTIAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
The City Attorney read Ordinance No. O-92-01 by title
only.
MOTION by Oberbeck/Powell
I move to approve the first reading of Ordinance
No. O-92-01 and set the first reading for February
12, 1992 and set the second public hearing for
February 26, 1992.
In response to Councilman Holyk, the City Attorney
said based on testimony presented at a previous City
Council discussion on this matter, he'd have trouble
viewing the proposed figure of forty-five square feet
per child, which is twice the state regulation, as
an arbitrary and capricious decision.
17
Regular City Council Meeting
January 22, 1992
Page Eighteen
92.027
18.
ROLL CALL:
Mayor Conyers
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
ORDINANCE NO. 0-92-02 - New Year's Day -
Alcoholic Beverage - Hours of Sale - (City Clerk
Recommendation dated 1/6/92)
1ST READING, SET PUBLIC HEARING 2/12/92
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO ALCOHOLIC BEVERAGES;
AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE
CITY OF SEBASTIAN; AMENDING SECTION 4-2 TO EXPAND THE
HOURS OF SALE OF ALCOHOLIC BEVERAGES PERMITTED NEW
YEAR'S DAY; PROVIDING FOR REPEAL OF ORDINANCES OR
PARTS OF ORDINANCES HEREWITH; PROVIDING FOR INCLUSION
IN THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The City Attorney read Ordinance No. 0-92-02 by title
only.
MOTION by Oberbeck/Holyk
I move we approve Ordinance No. O-91-02 on first
reading and set public hearing on February 12, 1992.
ROLL CALL:
Councilman Holyk
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
MOTION CARRIED 5-0.
aye
aye
aye
aye
aye
INTRODUCTION O__F BUSINESS BY THE PUBLIC (Which is Not
Otherwise on the Agenda - By ReSolution No. R-89-30
Limit of Ten Minutes for Each Speaker)
18
Regular City Council Meeting
January 22, 1992
Page Nineteen
92.028 A.
Bettina Boudrot, 1302 Indian River Drive -
Request Exchange of Property with City o~f
Sebastian (Boudrot Letter dated 1/8/92, Survey)
Bettina Boudrot, read her letter to Council
requesting an exchange of property with the City of
Sebastian to remove an encroachment to enable her to
finance her property. (See letter attached)
The City Manager recommended that the city not
exchange property but sell her the two feet needed
since her land is wetland. The City Attorney advised
that an appraisal be done. It was noted that state
grant money was used to improve city property in
question.
MOTION by Oberbeck/Powell
I would move to approve the city selling adequate
land to remove the encroachment up to two feet to Ms.
Boudrot and all costs and expenses incurred to be
paid for by Ms. Boudrot none to be passed on to the
taxpayers and subject to verification of land value
and review of the grant money that was used and
restrictions placed on the money used on the dock.
ROLL CALL:
Vice Mayor Oberbeck
Councilman Powell
Councilman Reid
Mayor Conyers
Councilman Holyk
aye
aye
aye
aye
aye
MOTION CARRIED 5-0.
B. Edra Young, 1151 Clearmont Street, Sebastian
Edra Young, subsequent to reviewing North County High
School plans, questioned why CR 512 widening plans
did not extend to the area of the proposed and
existing schools; expressed dismay that school board
redistricting was not advertised with a map and
suggested this be done; and questioned why there was
no Headstart program in Sebastian. Mrs. Young was
advised to bring her concerns to staff.
TAPE III ~ SIDE
19
Regular City Council Meeting
January 22, 1992
Page Twenty
19.
C. Ray Ladd, 11105 Mulberry Street
Ray Ladd requested reimbursement of compensation he
said is owed to him based on a percentage of Golf
Course revenues during his employment with the City
of Sebastian.
Staff was directed to review the matter.
Being no further business, Mayor Conyers adjourned
the meeting at 10:24 p.m.
Kathry~ M. O'Halloran, City Clerk
1992~,~~t Council Meeting.
W.E. Co yor
20